The zoning ordinance previously adopted by the city, and all amendments thereto are, on the effective date of this chapter, hereby repealed. The repeal of the above ordinances and their amendments does not affect or impair any act done, offense committed or right accruing, or accrued, or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time enforced, prosecuted or inflicted.

(Code 1963, § 5.107; Ord. of 4-14-80)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience or general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance other than the above described zoning ordinance, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where this chapter imposes a greater restriction than is required by existing ordinances or by rules, regulations or permits, the provisions of this chapter shall control. Nothing in this chapter should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and, they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare.

(Code 1963, § 5.108; Ord. of 4-14-80)

This chapter and the various parts, sections, subsections, phrases and clauses thereof are hereby declared to be severable. If any section, subsection, phrase or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of this chapter shall not be affected thereby. The city council hereby declares that it would have passed this chapter, and each section, subsection, phrase, sentence and clause thereof, irrespective of the fact that any one or more sections, subsections, phrases, sentences or clauses be declared invalid.

(Code 1963, § 5.109; Ord. of 4-14-80)

(a)

Any person including, but not by way of limitation, builders and contractors, who shall violate, neglect or refuse to comply with or who resists the enforcement of any of the provisions of this chapter or conditions of the zoning board of appeals or city council adopted pursuant thereto, on conviction thereof, shall be punished by a fine as prescribed in section 1-13 of this Code. Each day that a violation is permitted to exist shall constitute a separate offense.

(b)

The imposition of any sentence shall not exempt the offender from compliance with the requirements of this chapter. Use of land, and dwellings, buildings or structures, including tents, trailer coaches and mobile homes, used erected, altered, razed or converted in violation of any provision of this chapter, are hereby declared to be a nuisance per se. The court may order such nuisance abated and the owner and/or agent in charge of such dwelling, building, structure, tent, trailer coach, mobile home or land may be adjudged guilty of maintaining a nuisance per se, and same may be abated by order of any court of competent jurisdiction.

(Code 1963, § 5.110; Ord. of 4-14-80)

The rights and remedies provided in this article are cumulative and in addition to any other remedies provided by law.

(Code 1963, § 5.111; Ord. of 4-14-80)

The city council or its duly authorized representative is hereby charged with the duty of enforcing the chapter, and the council is hereby empowered, in the name of the city to commence and pursue any and all necessary and appropriate actions and/or proceedings in the circuit court of the county, or any other court having jurisdiction, to restrain and/or prevent any noncompliance with or violation of any of the provisions of this chapter, and to correct, remedy and/or abate such noncompliance or violation. It is further provided that any person aggrieved or adversely affected by such a noncompliance or violation may institute suit and/or join the city council in such a suit to abate the same.

(Code 1963, § 5.112; Ord. of 4-14-80)

Public hearing having been held herein, the provisions of this chapter are hereby given immediate effect upon its publication pursuant to the provisions of section 4, Act No. 207 of the Public Acts of Michigan of 1921 (MCL 125.584), as amended. (Published April 30, 1980.)

(Code 1963, § 5.113; Ord. of 4-14-80)